Groups And Rights In Institutional Reform Litigation,
2022
Professor of Law, UCLA School of Law
Groups And Rights In Institutional Reform Litigation, David Marcus
Notre Dame Law Review
Lawsuits pursue institutional reform when plaintiffs ask courts to issue broad, systemic remedies to improve the performance of malfunctioning government programs. Once thought in decline, this litigation persists. Plaintiffs continue to seek judicial protection from dysfunctional prisons, immigration enforcement regimes, foster care systems, and other institutions. But an important aspect of the substantive law that institutional reform litigation involves has gone overlooked. This substantive law often vests rights in groups. An institutional reform lawsuit does not always—or even often—bundle large numbers of individual rights violations. Rather, a group of incarcerated people or children in foster care sues to vindicate a …
The Ping-Pong Olympics Of Antisuit Injunction In Frand Litigation,
2022
The Chinese University of Hong Kong Faculty of Law
The Ping-Pong Olympics Of Antisuit Injunction In Frand Litigation, King Fung Tsang, Jyh-An Lee
Michigan Technology Law Review
In the past two years, antisuit injunctions (ASIs) and subsequent legal proceedings associated with standard-essential patents (SEPs) subject to fair, reasonable, and nondiscriminatory (FRAND) commitments have proliferated in multiple jurisdictions. This phenomenon reveals not only the transnational nature of technical standards and FRAND-encumbered SEPs but also the jurisdictional tension between different national courts. This Article explains the emergence of ASIs in FRAND scenarios and recent developments in six jurisdictions with major interests in standard development and adoption. Countries have developed different approaches to ASIs based on their own domestic rules and interests. We believe that to promote technical compatibility and …
The Objection Exception Is Overruled! The Georgia Supreme Court Makes A Course Correction By Reviving The Contemporaneous Objection Rule,
2022
Mercer University School of Law
The Objection Exception Is Overruled! The Georgia Supreme Court Makes A Course Correction By Reviving The Contemporaneous Objection Rule, Ryan Read
Mercer Law Review
What comes to mind when you think of evidence being presented at jury trials? Typically, both sides prevent evidence to the jury, and both sides fight hard to make sure no prejudicial evidence is allowed in that would bias the jury against their client. Both sides also work hard to prepare persuasive openings and closings to further affect the jury’s perception of their client, the opposition, and the evidence that has been presented. So, when an attorney on one side makes prejudicial statements about the opposing counsel’s client, one would naturally expect an objection to be made, right? Well, in …
The Future Of Testamentary Capacity,
2022
Rutgers Law School
The Future Of Testamentary Capacity, Reid Kress Weisbord, David Horton
Washington and Lee Law Review
Recently, the #FreeBritney saga cast a harsh spotlight on state guardianship systems. Yet despite their serious flaws, guardianship regimes have benefited from waves of reform. Indeed, since the 1970s, most jurisdictions have taken steps to protect the autonomy of people with cognitive, intellectual, or developmental disabilities (CIDD). Likewise, lawmakers are currently experimenting with supported decision-making (SDM): an alternative to guardianship designed to help individuals with CIDD make their own choices. These changes are no panacea, but they have modernized a field that once summarily denied “idiots” and “lunatics” power over their affairs.
However, in a related context, the legal system’s …
The Party Respectfully Requests A Jury Trial On All Issues So Triable: What Issues Are Triable To A Jury And What Issues Should Be Triable To A Jury? A Comment On The Right To A Jury Trial, With A Focus On Civil Trials, And When The Right Exists,
2022
Mercer University School of Law
The Party Respectfully Requests A Jury Trial On All Issues So Triable: What Issues Are Triable To A Jury And What Issues Should Be Triable To A Jury? A Comment On The Right To A Jury Trial, With A Focus On Civil Trials, And When The Right Exists, Michael Downing
Mercer Law Review
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed . . . .” But what about civil prosecutions? What about prosecutions under state law, not federal? What does the universally expected “right to a jury trial” really mean or afford the parties to a trial?
Under federal law and the United States Constitution, by the time the Bill of Rights was drafted, the ideal of an accused’s right to a jury trial was already deeply rooted within …
Family Feuds And Circuit Splits: A Clash Between Corporate Cousins Causes The Eleventh Circuit To Revisit The “Long-Lost” Burford Abstention Doctrine,
2022
Mercer University School of Law
Family Feuds And Circuit Splits: A Clash Between Corporate Cousins Causes The Eleventh Circuit To Revisit The “Long-Lost” Burford Abstention Doctrine, William Wheeler
Mercer Law Review
Corporate litigation is often a highly complex process. The rules and regulations surrounding shareholder demands, derivative lawsuits, review committees, and corporate dissolution create a convoluted procedural web that can be exceedingly difficult to untangle. Due to this complexity, federal court is an attractive choice for many civil litigants; federal forums have predictable and established rules of procedure and federal judges tend to have more time to give each case individualized consideration. These factors can accelerate and smooth the litigation process. However, throughout the last two decades, litigants in corporate dissolution actions have had no choice but to seek relief in …
The Best Of Both Worlds: Reconciling Tradition With Evolution Under The Ohio And Federal Right To A Civil Jury Trial,
2022
University of Cincinnati College of Law
The Best Of Both Worlds: Reconciling Tradition With Evolution Under The Ohio And Federal Right To A Civil Jury Trial, Jacob Hoback
University of Cincinnati Law Review
No abstract provided.
The Way Lawyers Worked,
2022
University of Cincinnati College of Law
The Way Lawyers Worked, Michael Risch, Mike Viney
University of Cincinnati Law Review
Court and litigation operations are opaque in the best of times, and the lack of explanatory Nineteenth Century legal records makes it even more difficult to learn how lawyers and judges went about their business. This may be one of the reasons there are so few accounts detailing the nuts and bolts of 1800s law practice. This Article illuminates the development of litigation and the law in the middle of the Nineteenth Century by examining archival court and Patent Office records.
Most accounts of the time focus either on judicial opinions or the relationship of the parties, but few articles …
The Prudential Standing Quandary When Discriminatory, Facially Neutral Laws Allegedly Cause Collateral Damage,
2022
Brigham Young University Law School
The Prudential Standing Quandary When Discriminatory, Facially Neutral Laws Allegedly Cause Collateral Damage, Richard Luedeman
Brigham Young University Journal of Public Law
No abstract provided.
International Litigation,
2022
Southern Methodist University
International Litigation, Aaron Marr Page, Jonathan I. Blackman, Carmine D. Boccuzzi, Theodore J. Folkman, Phillip B. Dye Jr., Matthew D. Slater, Howard S. Zelbo, Igor V. Timofeyev, Charles A. Patrizia, Joseph R. Profaizer
The Year in Review
No abstract provided.
National Scenic Trails, Pipelines, & Ferc: Examining Pipeline Certification After United States Forest Service V. Cowpasture River Forest Preservation Association,
2022
Villanova University Charles Widger School of Law
National Scenic Trails, Pipelines, & Ferc: Examining Pipeline Certification After United States Forest Service V. Cowpasture River Forest Preservation Association, Caitlin M. Doak
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Pulling The Trigger On Hunting Regulations For Lead Ammunition,
2022
Villanova University Charles Widger School of Law
Pulling The Trigger On Hunting Regulations For Lead Ammunition, Lydia Shields
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Tijuana River Valley Pollution: How The Environmental Protection Agency Expects To End A Ninety-Year Environmental And Public Health Crisis,
2022
Villanova University Charles Widger School of Law
Tijuana River Valley Pollution: How The Environmental Protection Agency Expects To End A Ninety-Year Environmental And Public Health Crisis, Andrew Simmons
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Endnotes,
2022
American University Washington College of Law
Climate Migration Beyond The Refugee Framework: Creating Bridges Between Human Rights And International Climate Law,
2022
American University Washington College of Law
Climate Migration Beyond The Refugee Framework: Creating Bridges Between Human Rights And International Climate Law, Mara Elisa Andrade
Sustainable Development Law & Policy
No abstract provided.
Accounting For Climate Change In United States Regional Ocean Planning: Comparing The Obama And Trump National Ocean Policies To A Climate-Forward Approach,
2022
American University Washington College of Law
Accounting For Climate Change In United States Regional Ocean Planning: Comparing The Obama And Trump National Ocean Policies To A Climate-Forward Approach, Taylor Goelz
Sustainable Development Law & Policy
No abstract provided.
Swallowing The Rule: Why Ferc’S “Immediate Need Exemption” Frustrates Competitive And Climate-Smart Electricity Sector Transmission Planning Under Order No. 1000,
2022
American University Washington College of Law
Swallowing The Rule: Why Ferc’S “Immediate Need Exemption” Frustrates Competitive And Climate-Smart Electricity Sector Transmission Planning Under Order No. 1000, Philip Killeen
Sustainable Development Law & Policy
No abstract provided.
“At What Cost?’: The Future Of Securities Enforcement In Climate Change Litigation,
2022
American University Washington College of Law
“At What Cost?’: The Future Of Securities Enforcement In Climate Change Litigation, Angela Washington
Sustainable Development Law & Policy
No abstract provided.
About Sdlp,
2022
American University Washington College of Law
About Sdlp
Sustainable Development Law & Policy
The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.
Because our publication focuses on reconciling the tensions found within our ecosystem, it spans a broad range of environmental issues such as sustainable development; trade; renewable energy; environmental justice; air, water, and …
Editor's Note,
2022
American University Washington College of Law
Editor's Note, Keanu Bader, Alexis Bauman
Sustainable Development Law & Policy
No abstract provided.
